Hi Friends,

Seems to me that the Plaintiff has the burden of proof and they should be able to do that without the Defendants statement.

"Why does the Defendant in a Civil lawsuit have to answer questions in a Deposition" when IT IS THE PLAINTIFF'S "Burdon" to prove their case?

In what instances can a Defendant refuse to answer Deposition questions?

Can the Defendant refuse to be deposition?

thats a great question.you have a rite against self incrimination

I believe that your right against self incrimination is only in criminal not civil cases. In a civil case the defendant would have to take a deposition so there is no trial by ambush and that both parties have an equal chance to discover a
ll material facts for their case. Hope that helps

I didn't mean that the fifth in a civil case could not be claimed.I meant you could only claim the fifth if it would tend to incriminate you You would have to answer any other questions.
* Last updated by: TERRY4 on 2/18/2014 @ 11:47 PM *

Not sure...i think in Civil Court the Plaintiff has a right to ask for documents, etc, depositions etc. from the Defendant. Defendant could be 100% innocent or not liable.

The System is corrupt as Hell! You can literally file a lawsuit against anyone without a verifiable cause of action.

Of course, you are taking a chance that the person you are filing against will counter sue....but that's no my point.

Plaintiff and defendant have a right to discovery. 1. Admission. 2. Productions. 3. Interogatories. 4. Court orders and subpoenas of outside witnesses people that are not the adverse party.

Defendant has a right to affirmative defense, and if they don't have a verifiable cause of action then you should make a motion to dismiss for failure to state a cause of action.
Tom

p.s. remember to notice it for hearing where both of you can have your say. It has been my experience if you don't notice it, then they won't hear it. It's not good enough to file it with the clerk. Also remember certificate of service and a copy to the other side and the judge. In my jurisdiction, 5 days before the hearing on the copy to the judge.
* Last updated by: TERRY4 on 2/18/2014 @ 11:29 PM *